Effective Strategies For Purchasing A Business

For an existing owner selling a business, their main concern is how they can maximize the sale price for their business.

On the other side, when buying a business, the main concern is how you can ensure that you will generate as much or even more profit in the future if you buy this business.

You need to advise the seller on useful and meaningful disclosure. The buyer needs to know that all liabilities and advantages have been assessed and disclosed to feel confident about the purchase.

Verhaeghe Law Office has served a wide assortment of clients with support and advice about multiple issues involved in the sale and purchase of businesses, including:

● Drafting a share purchase or asset agreement
● Verifying the data for the estimation of a fair purchase price
● Writing warranties and representations that are to be made by the seller
● Drafting payments of the seller
● Drafting non-solicitation and non-compete articles for departing owners
● Conducting agreements between the buyer and the seller
● Drafting sufficient financing for the sum of the purchase price
Exceeding Client Expectations
In addition to determining whether the purchase price is reasonable, we draw on our expertise to look at the due diligence information submitted by the seller. We help our clients answer questions such as:

● What are the limitations that the buyer will have when trying higher profits in the future?
● Which permits are required?
● Who are the central employees, and will they remain after the conclusion of the transaction?
● What intellectual property does the seller have, and can the buyer use it?
● Do we own or have a licence to use their software?
● What about enhancements and upgrades to software and software code? Are there trademarks, patents, or other corporate know-how that we will need to obtain?

Careful due diligence is necessary when acquiring a business. Our lawyers combine their understanding of our different practice areas to help our clients. We negotiate the terms in a purchase agreement to protect our client's investment.
Effective Completion Of Transactions
Purchasers of businesses want to close their transaction as soon as possible, and on the best terms. Our knowledge of business, regulatory, and tax issues combined with our litigation experience gives our clients the information they need to acquire a business without fault.

We can efficiently meet the concerns and needs of our clients when purchasing a business. Our lawyers move matters economically and accurately throughout the sales process. We also save labour and time through our team of law clerks and paralegals and to complete the appropriate tasks accordingly.

If you are in the midst of selling or buying a business, contact the legal team at Verhaeghe Law Office. Our experienced and knowledgeable lawyers based in Edmonton will make sure the acquisition or sale of your company meets all legal requirements.

Divorce from a Man's Perspective

Divorce is a difficult life event for all parties involved. More men in recent years have been pushing for equal rights when it comes to child custody and other aspects of a divorce. Both men and women face repercussions during and after a divorce, but they can minimize the damage they do to their lifestyle, children’s lives, and assets. This traumatic event often clouds judgment, causing individuals to react emotionally and not always use facts to back their side. This is the second part of the two-part series exploring the women’s and men’s perspective on divorce. If you’re considering a divorce, call Verhaeghe Law Office at 587-410-2500 for a consultation to ensure your understanding of the divorce process.

Don’t Use Children As Leverage

A judge will grant custody to the parent who nurtures and fosters a positive relationship between the child and the other parent. In the end, the judge will rule in the child’s, not the parents’, best interest. Using your child to harm your former spouse’s feelings or to further your financial goals will be looked down upon and will be used against you.

Neglecting Family Duties

Being in divorce proceedings isn’t a ticket to not continue supporting your family. In fact, it’s quite the contrary. This is a time to ensure all of your finances are in order and that everybody is taken care of financially and emotionally. If you’re the breadwinner in your family, your financial responsibilities don’t end after filing. Meaning, you still need to help pay for utilities and mortgage for the marital home and keep up insurance coverages before the divorce is final. Cutting off support will do you no favors in the judge’s eyes.

Hiding Your Assets

Any attempt to hide assets will result in expensive litigation that could put you on the hook for your former wife’s lawyers’ fees as well. Being open and transparent about your finances evokes trust and that you’re willing to work through the issues. Hiding them has the complete opposite effect.

Don’t Be Indecisive

If you’ve been served divorce papers, this is a serious matter that you can’t just shrug off. Many studies have shown that most men don’t emotionally respond in the same way as women. Men will bottle it up, but again, this is the exact opposite of what you should do. Failing to act can have devastating consequences. Your wife and her lawyer are building a case and whether you’re ready or not, proceedings will take place. We can help prepare you for the road ahead.

You Have An Opportunity

Don’t believe the myth that as a man you will have less leverage over your wife in any part of the divorce process. Your best advantage during a divorce, a division of property, spousal support, and child custody is to hire an experienced family court lawyer. We have worked in many cases that have given men what they have needed to move on in their lives. Our team understands that the entire divorce process from beginning to end is challenging, but hiring Verhaeghe Law Office and showing you have the best interest of your family in mind will assist in getting the closure you crave.

What is Alternative Dispute Resolution?

In Alberta – the acronym ADR stands for Alternative, Appropriate, or Adaptive Dispute Resolution. While this acronym is used differently depending on who you’re speaking to within the ADR community – in family law the term ADR generally stands for alternative dispute resolution as they pertain to family law and divorce law proceedings. Alternative dispute resolution is most often used as an alternative to expensive litigation as it is a less costly venture and considered an expedited approach to dispute resolution.

Alternative dispute resolution processes include but are not limited to mediation, negotiation, facilitation, arbitration, restorative practices and consensus decision making where both parties come to an agreement on family law resolutions. Alternative dispute resolution is also a way of ensuring a collaborative, respectful and considerate approach to both parties involved when it comes to resolving their legal issues.

What are the benefits of alternative dispute resolution?

There are many benefits to alternative dispute resolution when it comes to family law and divorce proceedings. For example

Alternative dispute resolution cost less to resolve legal issues than litigation or traditional court routes
Alternative dispute resolution can result in a speedier resolve to contentious issues
They offer various options for your family law or divorce issues which gives participants more control in choosing their outcomes
They are private and confidential
They aim to preserve relationships but at the same time allow participants to learn better ways to prevent or solve problems in the future
Gives all participants chances on being heard and voicing their concerns and opinions

How does alternative dispute resolution work?

In Alberta, as well as other provinces across Canada – alternative dispute resolution has historically been an effective way of negotiating and settling family law disagreements. The process involves having lawyers work with both parties in a relationship. The lawyers work under a common objective that both parties reach common ground on all or most issues and that the resolutions work best for both parties involved. There is also an emphasis to resolve differences between both parties expeditiously – making it a very cost-efficient alternative to a long winded and drawn our divorce proceeding. There is an increasing trend of divorcing couples seeking out-of-court dispute resolution with regards to family law and child welfare matters – which is less taxing on the courts. While Alberta does not yet mandate alternative dispute resolution – this type of dispute resolution is not recommended where domestic abuse exists.

Why Choose Verhaeghe Law Office for Alternative Dispute Resolution

At Verhaeghe Law Office, we can offer alternative dispute resolution services to our clients as an option. Our team can make both registered mediators and registered collaborative family law lawyers available to you in order to offer effective alternative dispute resolution services. Through alternative dispute resolution – our lawyers work to ensure that you and your spouse come to a speedier resolve with respect to your divorce proceedings without breaking either of your bank accounts.

Our Edmonton family and divorce lawyers are highly experienced in family law matters and routinely represent clients through alternative dispute resolution processes. We can offer this service no matter how seamless or complex your divorce proceedings may be.

Our Edmonton divorce lawyers take pride in the fact that we can resolve your family law disputes in a timely and cost-effective matter as we have done for many other clients in the past. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter.

*Please note the content in this blog does not constitute legal advice as every case is unique from one another. We encourage you to seek legal advice for answers to your divorce and family law questions.

When Does Influence Become Paid Manipulation?

Between constant notifications and scrolling through various feeds during downtime, it’s not shocking that social media plays a strong, active role in most of our lives.

More and more businesses are noticing this, too. You might see advertisements in between pictures of your friends and family. While many people can ignore those pesky ads, what’s harder to ignore is when your favorite celebrity, blogger, or social media personality is subtly endorsing products in their posts. Are they talking about a certain clothing designer, shoes or food-related products? If they are, then they are considered an “influencer.”

A Deeper Look Into What an Influencer Is

By definition, an influencer is an online personality who shares opinions and advice about various types of products and services. These individuals could have a large advertising following, or “audience,” but some might have a small following. Influencer marketing isn’t just about giveaways or promotions―it can be as subtle as tagging the clothing brand the influencer may be wearing in the post.

Why is Influencer Marketing a Bad Thing?

The products they advertise can be misleading in any way shape or form. It also begs the question of, “Is this person posting about this product because they actually like it or because they’re being paid to advertise it?” You follow these people because you admire or aspire to be them in some shape or form. Their ingenuity can create a lack of trust.

Does this form of advertising on social media fall under the same legal regulation as other forms of advertising? It sure does. Under the Competition Act , any influencer must acknowledge they have a relationship with the advertiser, which indicates an exchange of materials and not necessarily money. Not communicating the relationship the influencer has with the advertiser prevents people from discerning what’s authentic and what is paid for, commonly referred to as misleading, or deceptive, marketing.

To avoid expensive legal actions, here are ways influencers can legally promote a brand and what consumers can look out for.

1. Visual disclosures

2. Acknowledgement of connections in each individual post

3. Disclosure is attached to post, so it stays when post is shared

4. Word and image content is appropriate

5. Reviews must be from actual experience

Remember, influencers don’t need to be celebrities. They can have 200 followers, or two million. What’s important to remember is when there is a promotion for an exchange of goods, there needs to be a disclosure.

At Verhaeghe Law Office, our lawyers specialize in corporate and commercial law, and we like to keep our clients well-versed in the legalities of relevant issues.

As a consumer, the next time you’re scrolling through and see your favorite blogger promoting their favorite skin serum, look to see if there is any indication for a paid advertisement. Does their post say #ad, #sponsored, or in partnership? If not, now you know why that can be a breach of trust and lead to legal issues down the road.

To learn more about the legal services we offer, please contact us by calling (587) 410-2500 today.

Legalized Cannabis FAQ

Do you know all of the facts about legal marijuana ownership, sale, use, and products? Make sure you are sticking to the letter of the law. The legal experts at Verhaeghe Law Blog have put together some frequently asked questions to help you comply if you choose to consume marijuana.

Are the cannabis laws the same throughout the country?

Each province or territory sets their own rules for the sale, possession, cultivation, and areas of use of cannabis. It is your responsibility to know the laws within your province.

Does it matter where I buy marijuana?

Again, this is governed by each province. For example, Ontario only allows sales through its government-operated online store, while in Alberta it is legal to purchase from private-licensed stores or online.

How much weed am I allowed to have with me?

You are allowed to have up to 30g of dried cannabis with you in what is considered a “public space.” This includes on your person, in your vehicle, or as a maximum amount you can purchase and carry with you. Amounts in excess of 30g can result in arrest and a prison sentence.

Is it okay to bake cannabis into cookies?

Yes. You may consume your marijuana in edibles in any way you like but keep it away from children. Providing cannabis in any form to minors is illegal.

I have some marijuana and my friend wants to buy some from me. Is that okay?

No, it is not. You must have a license to sell marijuana. Without a license, you are subject to large fines and up to 14 years in prison.

Can I grow my own cannabis plants?

This question is not as simple as it seems. Canada’s guidelines allow you to grow up to four plants in a household. These plants should not be more than one meter tall and need to be grown out of public view. However, these guidelines are not accepted in all provinces and some landlords will not allow tenants to grow the plants in their properties. More importantly, if your plant is in a public space when it is budding or flowering, you could receive stiff fines and prison time.

What are the rules regarding CBD oils?

Kyla Ford, daughter of Ontario Premier Doug Ford, recently promoted CBD oils on her Instagram feed. Unfortunately, the body builder’s photos and discount codes are for products that are illegal under the federal Cannabis Act. Any product for sale that is derived from cannabis must be from plants grown under a federal license and processed by a licensed provider. If the oil or CBD product is not approved and licensed, it is considered illegal. Ford has removed all of the CBD oil posts from her popular social media account.

CBD oils are legally available for medical patients from licensed producers.

Time Will Tell

As recreational marijuana cultivation, production, distribution, and sales grow, so will more issues surrounding legal matters. If you need to consult with a lawyer about your rights in regards to cannabis, call Verhaeghe Law Office at 587-410-2500.

Harsher Penalties In Effect For Driving Impaired

Driving impaired is never a good idea. Alberta recently updated the sanctions for alcohol and drug-impaired driving offences to align with the latest federal laws. These provisions were put into effect to update the laws after cannabis was legalized throughout the country. Today’s federal levels include 80 milligrams or more (mg) of alcohol per 100 millilitres (ml) of blood for alcohol. For cannabis (THC), between 2 nanograms (ng) and 5 ng is considered a less serious offence, while the more serious crime is to have 5 ng of THC or more per ml of blood. When alcohol and cannabis are found in tandem, 50mg or more of alcohol per 100ml blood and 2.5 ng or more of THC per ml of blood is prohibited to operate a motor vehicle.

What Are The New Laws?

Under Bill C-46, police no longer need to have any reasonable grounds to suspect impairment before demanding a sobriety test. Refusing the test can result in criminal charges. On top of that, if you drank within the past two hours after you’ve stopped driving, but your blood alcohol content (BAC) is over .08, you could get arrested, even though that’s not the intent of the law.

The Bolus Drinking Defence

The harsher laws were designed to help crack down on individuals who consume large quantities of alcohol in a short period of time and then trying to drive home before the alcohol is absorbed. This is called the bolus defence. It’s a defence that is no longer valid under the new laws, but it was one that raised doubt enough that it worked in the past. The Bolus Drinking Defence is defined by The Department of Justice as, “a defence for an individual to raise reasonable doubt that their BAC was over 80 mg at the time of driving by adducing evidence of consumption that is compatible with both the BAC at the time of testing and with a BAC of 80 or less at the time of driving.”

Are The New Laws Working?

Some in the law community have pointed out some of the potential flaws in these new laws. According to a news story from CBC, the law might be a solution to a problem that rarely exists and could punish deeply impact individuals who have done nothing wrong. The Department of Justice notes that in 2017, there were more than 69,000 impaired driving incidents and 3,500 drug-impaired driving incidents. Even with those staggering numbers, some people believe that these laws infringe on their basic rights and leave much of the details and potential evidence up for interpretation.

If you’ve been charged with drunk or impaired driving, give our team at Verhaeghe Law Office a call at 587-410-2500. We can help you.

The Legal Paradigm

Most of us watch television. You’ve probably seen at least one episode of the Law and Order franchise. Law and Order is a popular television show that is police procedural for the first half-hour and the legal process for the second. Granted, it uses the US Court System, but as far as the overall process, just how close is this to real life? Let’s see…

Myths in TV Police Procedure and Law

People go directly to a full-blown trial.

On television, the accused appears to be arrested and questioned one day and involved in a full-blown trial the next. The process in real life is quite different. If you are accused of a crime, you may be arrested. You have a right to a lawyer and should call one as soon as possible. After your arrest, you may be held in custody up to 24 hours. At that point, you will either be released or taken to court for a bail hearing. That hearing will determine whether you will be remanded to pre-trial custody in a provincial correctional centre or released with a bail payment. When all of this is done, if you are going to trial, your case will be placed on a court calendar for a preliminary hearing and/or trial.

If it can work in a half-hour it must be a fast process.

Based on average statistics, from your first appearance to final court decision will take approximately 112 days.

The accused will take the stand.

If you are on trail, it is your right to remain silent, and you should base your decision about whether to take the stand on the advice of your lawyer. Remember, the prosecutor must prove that the accused is guilty beyond a reasonable doubt.

The guilty party will undoubtedly either break into tears or have an angry outburst.

Hopefully, if you are accused, your lawyer will prepare you for what to expect during the trial. It is in your best interests to be calm.

Testimony is always straight to the point.

On TV, testimony has to be interesting and provide information for the audience to guess how it will affect the jury’s decision. In real life, testimony can be very long and not nearly as concise as you see on Law and Order. Each side will have many witnesses and a lot of evidence. There is no hard-and-fast rule or formula for what each witness will be asked or how long they will be on the stand.

The courtroom will be full of spectators.

In most cases, unless it is a very high-profile case, the courtroom will not be full. The public is invited to come and watch proceedings in the Provincial Court. On rare occasions, a judge may order that a hearing is closed to the public, usually to protect the privacy of children or others.

Police hang out in courtrooms to find out how their cases play out.

Police are generally seen in the courtroom if they take the stand to present testimony. Lingering in the courtroom like your favorite cop on Law and Order doesn’t happen often. Once they present their testimony, the police are generally back on the job!

Life doesn’t mirror the police procedural/legal drama paradigm. If you are accused of a crime, it is your right to call a lawyer. Call Verhaeghe Law Office. We’ll take you through the rest of the procedure… and there won’t be any theme music.

Miscarriage of Justice? Let’s Appeal

Depending on the nature of the sentence or conviction, there might be various appeal paths. However, the purpose of a conviction appeal is not to retry your case. A court will not hear your evidence again to determine if you were guilty or not. That said, an appellate court can only set aside your conviction for one of three reasons:

The judge made an error of law
There was a miscarriage of justice
An unreasonable verdict was rendered and couldn’t be supported by evidence

Error of Law

If you believe errors of law were made at your trial, you may appeal your conviction. Wrongful admission of evidence, a wrong interpretation of a Charter, or a misdirection to the jury on a question of law are all examples of errors of law. However, according to the Criminal Code of Canada, Section 686(1)(bb)(iii) if the court believes that the verdict would still have been the same regardless of the error, the appeal will be dismissed.

Miscarriage of Justice

If there are errors in both law and facts, the appellate court can rule to set your conviction aside. Miscarriage of justice is often synonymous with “wrongful conviction.” Some examples include biased evidence editing, prejudice against the class of people, faulty forensic tests, false confessions due to police pressure, misdirection of a jury by a judge during the trial.

An example of a miscarriage of justice occurred in 1972 when Donald Marshall Jr was convicted of murder and was later acquitted in 1983 after spending 11 years in prison. His conviction resulted in the Canada Evidence Act, which states that any evidence obtained by the prosecution must also be presented to the defence on disclosure.

Unreasonable Verdict

Challenging a conviction through unreasonable verdict focuses primarily on the weakness of the evidence. It must be proven that the evidence was too weak for reasonable jurors to find you guilty beyond a reasonable doubt. This avenue is often very difficult to prove because arguments about the credibility of witnesses or the importance given to certain pieces of evidence rarely succeed.

What’s The Process?

Through an appeal, it can be asked of the Court of Appeals review decisions rendered by lower courts. The appeal must show that the decision maker made a legal or factual error that impacted the outcome of your case. This isn’t a re-trial, and you do not have the automatic right to appeal. That’s where our team can help. We can determine if you require permission to appeal, obtain that permission, and submit any necessary paperwork to get the process started.

For civil cases, you have one month from the day the judge stated who won the case to file your appeal and pay the $600 fee. For criminal cases, you must file your appeal 30 days from the date of sentencing, and there is no fee. If your case has been accepted for review, the appeal doesn’t stop the enforcement of an order, and you must comply with all judgments and court decisions while the appeal is being reviewed.

If you feel your case is a candidate for appeal, please contact us at (587) 410-2500. We will review your case and determine whether it should be pursued further.

Mistakes People Make When Hiring a Personal Injury Lawyer

After you receive treatment for injuries you sustain from an accident, your next call should be to a personal injury lawyer. Without legal representation, you could miss out on financial compensation you are entitled to. This compensation is critical to paying for medical care and other support for yourself and your family. Not all personal injury practices are the same, and neither are their lawyers. Here are the most common mistakes to avoid when choosing a personal injury lawyer:

Hiring a lawyer with little experience
Personal injury law is a specialized field, and you should be sure to select a lawyer that can represent you at the highest level. Your case will not go well if a well-seasoned lawyer is representing the other side, and a rookie is representing you. Experience and quality go hand in hand, so you will not get far with a lawyer that has less of a track record of success. You cannot gain experience as a lawyer - you must earn it, and an experienced personal injury lawyer will have proven their mettle over time.

Hiring a lawyer with hidden fees
The cost of a lawyer should be upfront and easy to understand. Any firm or lawyer that tries to hide their fees does not have your best interests at heart. The last thing you need to be thinking about after suffering a severe injury is surprise expenses. Make sure the lawyer you retain is forthcoming about how their fees are structured.

Paying too little or too much
The cost of losing your case can be higher than the cost of the legal fees. Be prepared to pay for the best legal representation or risk losing it all. Successful personal injury lawyers do not earn most of their fee unless they win their cases. Your lawyer should always represent your best interests, but investing more money in them can give them extra motivation. It also proves that you have faith in their ability to win your case. Do not balk at a higher fee because it means your lawyer has confidence in your case and is willing to put in that much more work to ensure you win.

Picking someone you do not like
You should not retain a lawyer that you do not feel comfortable with. This does not mean you need to want to be best friends with your lawyer, but you should feel confident in their abilities. Your case rests on you being comfortable enough to tell your lawyer everything, honestly and openly. If you do not feel confident telling them every detail, then they are not the right lawyer for you. Your lawyer should answer any questions you have and keep you informed on a regular basis. Lawsuits are complicated and frustrating, and even more so if your lawyer does not keep you informed.

Using a trial-shy lawyer
Most personal injury cases do not go to trial because it is often in the best interests of both parties to settle. That being said, the lawyer you choose should not be afraid of appearing before a courtroom. A lawyer who is confident about their abilities to win a trial will give you more negotiating power should your case go to trial.

Hiring the right lawyer is the difference between winning and losing your case. Do not get yourself unjustly buried in a mountain of debt - call Verhaeghe Law Office today.

Do's and Don'ts of Personal Injury Law

If you are looking for a personal injury lawyer, then chances are that something bad has happened to you or a loved one and that you need legal representation as a result. While no one hopes to one day gain legal representation due to an injury or illness, it can happen to anyone, and you want to make sure that you make good decisions during this difficult time so that you have the right representation. The team at Verhaeghe Law Office has created a list of dos and don'ts for those searching for a personal injury lawyer.

Don't - Expect U.S. Style Settlements

Due to the pervasiveness of American media, including American style personal injury lawyer advertisements on television, Canadians can have a misguided sense of the outcome of their personal injury settlement. In Alberta, courts tend to be conservative for awarding compensation, even juries, and it needs to be noted that pain and suffering are capped at $330,000 while pain and suffering for strains, sprains, and whiplash-injuries (WAD 1 and WAD 2)are capped at $4,000 ($5,000 with inflation). You can still get a fair settlement for your injuries, but understand that this is not going to be a multi-million dollar lawsuit.

Do - Keep Exchange of Information to a Minimum

It can be tempting to talk about your case to others, especially if you have outwardly visible injuries and people are curious about them. The best thing to do is to limit what you say as much as possible and only speak to insurance companies, your lawyer, and the police. In Canada, a person in a conversation with you, as well as you, can record the conversation, so if you are asked by an insurance provider or another lawyer to talk, they can be recording you, and this can be used as evidence in your case. Always ask to have your lawyer present when discussing your case and if people ask just say that it is a matter before the court and that you cannot discuss it.

Don't - Expect to Have Your Day in Court

Though you may want to have that day in court, chances are, as with most personal injury cases, your case will end in a settlement. For a vast majority of people, this is the best case scenario. Settlements are often quite fair and help speed up the process and get you the money that you need faster. If your lawyer negotiates a settlement for you, this is incredibly common, and they have worked hard to get you compensation similar to what you would get from a judge or jury. If they recommend that you accept it, it is because they do not think you could get a better deal at a trial.

Do - Feel Free to Speak to Multiple Lawyers

Being comfortable with your lawyer is incredibly important, and so if you shop around and meet with multiple lawyers, this is fine. Research their reputations, how long they have been in business, and their standing with their professional association. Finding a lawyer who is the right fit for you is crucial to your comfort for the remainder of the case.

Don't - Expect Quick Results

Personal injury cases tend to take quite a while the more severe your injuries are. This is because part of the compensation that you receive will be determined by whether or not the damage is life-long and what ramifications that has on your wellbeing and lifestyle. For soft tissue injuries and whiplash, your healing time is much shorter, and so your case can be determined in a shorter period of time than someone who has sustained much more severe injuries.

Do - Call Verhaeghe Law Office in Edmonton

If you have suffered an injury or illness due to the negligence of someone else, then you need to contact our law office. Please note you have a two year limitation to file your claim; however, it is better to start gathering the evidence and preparing your case far before the two year deadline. Our Edmonton law firm will help you navigate the world of personal injury and do our best to get you the settlement you deserve. Contact us today.